(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605) Sec. 5. Aggravated Home Repair Fraud. A person commits the offense
of aggravated home repair fraud when he commits home repair fraud: (i) against an elderly person or a person with a
disability as defined in Section 17-56 of the Criminal Code of 2012; or
(ii) in connection with a home repair project
intended to assist a person with a disability.
(a) Aggravated violation of paragraphs (1) or (2) of subsection (a) of
Section 3 of this Act shall be a Class 2 felony when the amount of
the
contract or agreement is more than $500, a Class 3
felony when the amount
of the contract or agreement is $500 or less, and a Class 2
felony for a
second or subsequent offense when the amount of the contract or agreement
is $500 or less. If 2 or more contracts or agreements for home
repair
exceed an aggregate amount of $500 or more and such contracts or
agreements are entered into with the same victim by one or more of the
defendants as part of or in furtherance of a common fraudulent scheme,
design or intention, the violation shall be a Class 2 felony. (b) Aggravated violation of paragraph (3) of subsection (a) of Section 3
of this Act shall be a Class 2 felony when the amount of the contract
or
agreement is more than $5,000 and a Class 3 felony
when the amount of the
contract or agreement is $5,000 or less. (c) Aggravated violation of paragraph (4) of subsection (a) of
Section 3 of this Act shall be a Class 3 felony when the amount of
the
contract or agreement is more than $500, a Class 4
felony when the amount
of the contract or agreement is $500 or less and a Class
3 felony for a
second or subsequent offense when the amount of the contract or agreement
is $500 or less. (d) Aggravated violation of paragraphs (1) or (2) of subsection (b) of
Section 3 of this Act shall be a Class 3 felony. (e) If a person commits aggravated home repair fraud, then any State or
local license or permit held by that person that relates to the business of
home repair may be appropriately suspended or revoked by the issuing authority,
commensurate with the severity of the offense. (f) A defense to aggravated home repair fraud does not exist merely
because
the accused reasonably believed the victim to be a person less than 60 years
of age. (Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 9
cases (4 in the last 5 years), 1995–2026 · leading case: Smith v. Menold Constr., Inc., 811 N.E.2d 357 (Ill. App. Ct. 2004).
Smith v. Menold Constr., Inc., 811 N.E.2d 357 (Ill. App. Ct. 2004). “Plaintiff later amended his complaint to include claims of the following: common-law fraud, a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 through 12 (West 1998)), theft and conversion, and aggravated home…”
People v. Thompson, 656 N.E.2d 77 (Ill. App. Ct. 1995). · cites it 2ד815 ILCS 515/5 (West 1992). Because the language does not clearly require a culpable mental state throughout all of its provisions, we must look to the Act’s legislative history.”
People v. Hofer, 806 N.E.2d 662 (Ill. App. Ct. 2004). “On August 7, 1998, the State charged the defendant with aggravated home repair fraud (815 ILCS 515/5 (West 1998)). At the conclusion of the trial, the State asked the court to find the defendant guilty of the lesser included offense of home repair fraud.”
People v. Yeager, 2022 IL App (5th) 200272-U (Ill. App. Ct. 2022). “, was charged by indictment with one count of aggravated home repair fraud in violation of section 5(a) of the Home Repair Fraud Act (815 ILCS 515/5(a) (West 2014)) and one count of theft by deception of over $10,000, but less than $100,000, in violation of section 16-1(a)(2)(A)…”
People v. Calhoun, 2023 IL App (4th) 221056-U (Ill. App. Ct. 2023). “17-CF-904, in March 2018, defendant was indicted for three counts of aggravated home-repair fraud (815 ILCS 515/5(i)(a) (West 2018)). Specifically, the State alleged defendant knowingly entered into written agreements with Paula Snow, who was over the age of 60, to perform tasks…”
People v. Garrett, 2019 IL App (4th) 170773-U (Ill. App. Ct. 2019). “Garrett, by information with aggravated home repair fraud (815 ILCS 515/5 (West 2014)) (count I). On March 13, 2017, the State also charged defendant with theft of property having a value exceeding $500 (720 ILCS 5/16-1(a)(1)(A) (West 2014)) (count II).”
People v. Tessem, 2020 IL App (3d) 190354-U (Ill. App. Ct. 2020). “815 ILCS 515/5(i) (West 2016); 730 ILCS 5/5-4.”
People v. Miller, 2021 IL App (1st) 192517-U (Ill. App. Ct. 2021). “815 ILCS 515/5(i) (West 2016); 720 ILCS 5/17-56(c)(1) (West 2016).”
People v. Calhoun, 2026 IL App (4th) 4250068-U (Ill. App. Ct. 2026). “Calhoun, pleaded guilty to aggravated home repair fraud (815 ILCS 515/5(i)(a) (West 2016)), theft over $10,000 (720 ILCS 5/16-1(a)(2)(A) (West 2016)), and theft over $500 (id.”
— 815 ILCS 515/5(a) — 2 cases
People v. Thompson, 656 N.E.2d 77 (Ill. App. Ct. 1995). “815 ILCS 515/5 (West 1992). Because the language does not clearly require a culpable mental state throughout all of its provisions, we must look to the Act’s legislative history.”
People v. Yeager, 2022 IL App (5th) 200272-U (Ill. App. Ct. 2022). “, was charged by indictment with one count of aggravated home repair fraud in violation of section 5(a) of the Home Repair Fraud Act (815 ILCS 515/5(a) (West 2014)) and one count of theft by deception of over $10,000, but less than $100,000, in violation of section 16-1(a)(2)(A)…”
— 815 ILCS 515/5(i) — 2 cases
People v. Tessem, 2020 IL App (3d) 190354-U (Ill. App. Ct. 2020). “815 ILCS 515/5(i) (West 2016); 730 ILCS 5/5-4.”
People v. Miller, 2021 IL App (1st) 192517-U (Ill. App. Ct. 2021). “815 ILCS 515/5(i) (West 2016); 720 ILCS 5/17-56(c)(1) (West 2016).”
— 815 ILCS 515/5(i)(a) — 2 cases
People v. Calhoun, 2023 IL App (4th) 221056-U (Ill. App. Ct. 2023). “17-CF-904, in March 2018, defendant was indicted for three counts of aggravated home-repair fraud (815 ILCS 515/5(i)(a) (West 2018)). Specifically, the State alleged defendant knowingly entered into written agreements with Paula Snow, who was over the age of 60, to perform tasks…”
People v. Calhoun, 2026 IL App (4th) 4250068-U (Ill. App. Ct. 2026). “Calhoun, pleaded guilty to aggravated home repair fraud (815 ILCS 515/5(i)(a) (West 2016)), theft over $10,000 (720 ILCS 5/16-1(a)(2)(A) (West 2016)), and theft over $500 (id.”
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